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If you are a motorcycle rider over 21-years-old, you can go without a helmet in Florida. However, the Florida motorcycle helmet law requires that you have insurance coverage of at least $10,000 in medical benefits for injuries resulting from a motorcycle accident.

Do I need a Special Insurance to Get this Coverage?

You may already be covered by your medical insurance or have coverage through Medicare, Medicaid, or veterans benefits. But medical benefit policies can be hard to interpret, so you should call your benefits provider to find out if you have the right type and amount of coverage.

Motorcycles Built for Two

You’re just along for the ride, and the person operating the motorcycle’s insured. No problem right? Well, it depends. A passenger doesn’t have to be separately insured if covered under the driver’s policy—for example, as part of a family plan. However, if a passenger is not covered by such a plan, he or she must carry insurance for the proper amount or wear a helmet. If you’re under 21, a helmet is mandatory in any case.

Will I be stopped for not wearing a motorcycle helmet?

The Department of Highway Safety and Motor Vehicles has taken the position that officers should not stop a motorcycle operator or passenger just to check their age or to ask for insurance. A law enforcement officer may stop someone if they have a reasonable suspicion that a driver or passenger of a motorcycle is under 21.

Be prepared

You should carry evidence of current insurance that shows your name and the amount of coverage. If you are covered under a family health insurance policy, you’ll need to carry the page of the policy that includes your name or which states that it covers family members. You can also call your insurance company to request a Certificate of Coverage.

If you don’t have evidence of insurance, you may be ticketed. Be respectful and don’t argue with the officer. You’ll have a chance to contest the ticket in court by showing your insurance then.

The penalty for a violation of the motorcycle helmet law in Florida

A violation of the helmet law is treated as a noncriminal traffic infraction, punishable as a nonmoving violation.

Not all motorcycle helmets are created equal

It’s not enough just to wear a helmet if you are uninsured and/or under 21. A helmet has to conform to certain standards to be considered adequate protection. The Florida Department of Highway Safety and Motor vehicles publishes an approved motorcycle helmet list.

Why wear a motorcycle helmet

You may be over 21 and adequately insured, but you still might want to consider wearing a motorcycle helmet. Motorcycle riders can be very vulnerable in a motorcycle accident. Among the statistics: Motorcycle riders are about 26 times more likely to die in a collision than passengers in an automobile.

The Florida law abolishing the absolute requirement for helmets probably has not improved the odds. According to 2006 National Highway Traffic and Safety Administration statistics, 750 people would still be alive if they had worn a helmet at the time of their accident.

If you have questions about motorcycle helmet laws in Jacksonville or anywhere else in Florida, please visit the website of the attorneys of Hardesty, Tyde, Green & Ashton, P.A.